ML20003A663
| ML20003A663 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 02/02/1981 |
| From: | Karman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8102040594 | |
| Download: ML20003A663 (4) | |
Text
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NUCLEAR REGULATORY COMMISSION FEB 0 31981 a-y,
BEFORETHEATOMICSAFETYANDLICENSINGBOARd('6 E mE #
In the Matter of
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KANSAS GAS AND ELECTRIC COMPANY &
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Docket No. 50-482 KANSAS CITY POWER AND LIGHT COMPANY)
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(Wolf Creek Generating Station, Unit No. 1)
NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVENE OF MARY ELLEN SALAVA On December 18, 1980, the Nuclear Regulatory Commission (Commission) published in the Federal Register (45 Fed. Reg. 83360), a notice of opportunity for a hearing on the application for an operating license for the Wolf Creek Generating Station, Unit No. 1.
The notice provided that any person whose interest may be affected might file a petition for leave to intervene no later than January 19, 1981.
On January 19, 1981, the Staff received the petition of Mary Ellen Salava, dated January 13, 1981.
For the reasons set forth below, the Staff opposes the petition to intervene at the present time.
As stated in the notice, the petition for leave to intervene must set forth with particularity, as required by 10 C.F.R. Section 2.714, the interest of the petitioner in the proceeding and how that interest may be affected by the result of the proceeding.
The petitioner must assert specifically, rather than generally, how that interest may be affected by the proceeding.II 040 NR
2 The petitioner herein lists one generalized grievance relative to an emergency plan for the plant. She does not cite, with any degree of speci-ficity, how " interest" with respect to the subject licensing proceeding has been shown.
Petitioner has failed to satisfy the " interest" requirements of 10 C.F.R. 6 2.714 Under 10 C.F.R. 6 2.714 of the NRC Rules of Practice, petitioners need no longer advance at least one contention adequately supported by bases at this stage of the proceeding.
A petitioner may amend or supplement his or her petition without prior approval of the Licensing Board at any time up to 15 days prior to the holding of a prehearing conference.
Petitioner did not advance contentions in her petition, dated i
January 13, 1981.
The Commission's rules of practice, however, require
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that a petitioner must satisfy the " contentions" requirement of 6 2.714 prior to being pemitted to participate as a party.
Namely, the petitioner must list at least one contention and set forth its bases for that contention with reasonable specificity by at least 15 days before the prehearing conference.
In addition, before a hearing may be directed on an application for an operating license, the Licensing Board assigned to rule on requests for hearing and petitions for leave to intervene must determine that at least one petitioner has set forth at least one adequate contention.E y
Sierra Club v. Morton, 405 U.S. (1972); Allied General Nuclear Ser-vices, et al. (Barnwell Fuel Receiving and Storage Station), ALAB-328, 3 NRC 420, 423 (1976).
y See Cincinnati Gas and Electric Co.
(William H. Zimmer Nuclear Power TEation), ALAB-305, 3 NRC 8 (1976).
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For the reasons stated above, the Board should find that petitioner has not at this time satisfied the requirements of 10 C.F.R. Q 2.714 with respect to standing.
The Staff feels that petitioner should be oiven an opportunity to demonstrate the " interest" requirement.
Since petitioner may submit contentions witn the required specificity of 10 C.F.R. 9 2.714 at any time up to 15 days prior to the holding of the first prehearing conference, it is premature for the Board to rule now on the adequacy of the petition as a whole to satisfy the regulation.
Respectfully submitted, i
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Myro aman Counsel for NRC Staff Dated at Bethesda, Maryland this 2nd day of February,1981.
s.
Utm ED STATES OF AMERICA t
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICEN3ING BOARD In the Matter of KANSAS GAS AND ELECTRIC COMPANY &
Docket No. 50-482 KANSAS CITY POWER & LIGHT COMPANY (Wolf Creek Generating Station, Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVENE OF MARY ELLEN SALAVA in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 2nd day of February 1981.
James P. Gleason, Esq., Chairman Atomic Safety and Licensing 513 Gilmoure Drive Board Panel Silver Spring, MD 20901 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Dr. George C. Anderson Department of Oceanography Docketing and Service Section University of Washington Office of the Secretary Seattle, Washington 98195 U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- Dr. J. Venn Leeds 10807 Atwell Houston, Texas 77096 Mary Ellen Salava Route 1, Box 56 Treva J. Hearne, Esq.
Burlington, Kansas 66839 Assistant General Counsel P.O. Box 360 Kansans for (er.sF.c 'crny Jefferson City, Mo.
65102 P.O. Box 3192 Wichita, Kansas 67201 Jay Silberg, Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
20006 Wanda Christy Myron)Cirman 515 N. 1st Street Coung61 for NRC Staff Burlington, Kansas 66839
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Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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